March 26th, 2008:
Are disclosures required in emails?
In
the Commonwealth of Virginia, emails sent for the purpose of
advertising real estate services must contain specified disclosures at
the beginning or end of the message. Does that mean disclosures are
required in all emails?
Let’s look at the case of Earl and Brian. Earl lists his home for
sale with an agent named Brian. Earl is a busy guy and doesn’t like
phone calls. Earl prefers email and thus he and Brian communicate
regularly by email. Late one night, Brian replies to one of Earl’s
emails but includes none of the required disclosures!
Has Larry violated the rules of the Commonwealth of Virginia?
The answer is no. Earl is already Brian’s client and thus these
emails are not solicitations. Disclosures are unnecessary when dealing
with existing clients and in any correspondence required by the
ordinary conduct of business.
